Category: Courts

Compassion Seattle Appeals Ruling Striking Down Ballot Measure on Homelessness

By Erica C. Barnett

Defying expectations, Compassion Seattle has appealed last week’s King County Superior Court ruling that their proposed ballot initiative, Charter Amendment 29, was beyond the scope of the initiative process. The state Court of Appeals is expected to hear the case on Friday. If the appeals court decided to stay the lower court’s ruling, the measure could still make it onto the November ballot, although it would cause a certain amount of chaos at King County Elections, which is currently putting ballots together in multiple languages for more than 400 unique jurisdictions.

Last week, Judge Catherine Shaffer ruled that the charter amendment, which would require the city to fund 2,000 shelter beds or housing units next year using existing resources, violated state law giving local governments, not local voters, the authority to write budgets and adopt policies on land use and homelessness. To remove this authority from local jurisdictions, Shaffer said, would require a vote by the people of the entire state.”You can’t amend a city charter to conflict with state law,” Shaffer said, because “that would be local folks seeking to overturn the will of the state population as expressed through our state representatives in legislation. And that’s not how it works.”

Attorney Knoll Lowney said he’s not surprised that Compassion Seattle “felt the desire to appeal, but I’m surprised that they appealed without coming up with any appellate arguments.”

Compassion Seattle, the campaign for the charter amendment, said last week that they didn’t believe the appeals court could resolve an appeal in time for the measure to appear on the November ballot. (Charter amendments can only be on the ballot during local general elections, which come once every two years). In a statement Tuesday, the campaign said that Judge Shaffer’s ruling “caused an outpouring of support over the weekend from supporters who want us to press on with an appeal. We decided that we must take this action to represent the interests of tens of thousands of voters who signed petitions to put this amendment on the ballot.”

Compassion Seattle has raised more than a million dollars, almost all of it from large real estate developers and commercial property owners in downtown Seattle.

Knoll Lowney, the attorney for the ACLU of Washington, Transit Riders Union, and the Seattle/King County Coalition on Homelessness, who sued to stop the measure, said he’s not surprised that Compassion Seattle “felt the desire to appeal, but I’m surprised that they appealed without coming up with any appellate arguments.” In their emergency motion requesting a stay, Compassion Seattle’s attorneys reiterate many of the same arguments they made in the original case— the same arguments Judge Shaffer rejected. “The appellate court is not going to resurrect this measure—I don’t see that happening,” Lowney said.

“We decided that we must take this action to represent the interests of tens of thousands of voters who signed petitions to put this amendment on the ballot.”—Compassion Seattle statement

If the appeals court does allow the charter amendment to move forward, King County Elections will have to scramble. Elections spokeswoman Kendall LeVan Hodson says the elections office is already building ballots in four languages for more than 430 sub-jurisdictions within King County, and any delay or late addition to local ballots makes it harder to hit two September deadlines to print ballots and mail them to service members overseas.

“Obviously, will comply with whatever the court directs us to do,” she said, but it might take some doing; for example, the elections office could create two different potential ballots, one with Charter Amendment 29 and one without, for all its jurisdictions within Seattle. “We’ll make something work” if it comes to that, she said.

Judge Strikes Homelessness Charter Amendment from Ballot; King County Equity Now Gets New City Contract

1. Late Friday afternoon, King County Superior Court Judge Christine Shaffer struck Charter Amendment 29, the “Compassion Seattle” homelessness initiative, from the November ballot, agreeing with opponents of the measure that it went beyond the scope of the initiative process. Specifically, Shaffer said, the amendment attempted to overrule the city of Seattle’s authority to determine its own homelessness and land-use policies—authority granted to local jurisdictions by the state legislature that cannot, she said, be overturned by an initiative at the local level.

The amendment, if adopted, would require the city council to spend a minimum of 12 percent of its general fund revenues on homelessness, dictating further that in the first year, that money would have to pay for 2,000 new units of “emergency housing” (shelter). It would also change local land use and zoning laws by requiring the city to waive code requirements, regulations, and fees to “urgently site” the projects it would mandate.

The groups that sued to remove the proposal from the ballot, including the Seattle/King County Coalition on Homelessness and the ACLU of Washington, argued that the voters of Seattle lack the authority to overturn these sort of legislative decisions, and that the amendment would effectively undo the agreement the city and county made to create the new King County Regional Homelessness Authority. Judge Shaffer agreed.

“There’s a direct effort in Charter Amendment 29 to control the city’s budgetary authority and that is not disputed in this record, any more than the efforts to control zoning and land use is disputed,” Shaffer said. “These are measures specifically required by Charter Amendment 29, and they both are outside the scope of a proper initiative in a way that is not even close. There are so many prior Supreme Court cases on both those topics.”

In arguing for the amendment, Compassion Seattle’s attorney Tom Ahearne said the court should let the proposal move forward and give opponents a chance to challenge it if and when it’s adopted. “When thousands of voters have signed a petition, opponents should not be able to hold the people’s measure hostage, merely because it opposes the policy or raises questions about the measure’s validity,” he said. “Instead of rushing to suppress the vote, this court should allow citizens to consider this charter amendment in November, and if citizens adopt it, allow the plaintiffs’ claims to be fully litigated and resolved through the trial court and appellate process.”

Judge Shaffer said she personally liked the solutions proposed in the amendment, and might vote for it if it was on the ballot. “But as judge,” she continued, “it cannot stand, and I am required to strike it from the ballot.”

“Judge Shaffer’s ruling affirms well-established limits to the local initiative process and recognizes the importance of the proper functioning of our democratic systems,” ACLU of Washington staff attorney Breanne Schuster said in a statement. “We are pleased that CA 29 will not stand as an impediment to solutions that meaningfully address our housing crisis and do not punish people for trying to meet their basic life-sustaining needs like shelter, sleep, and food.”

In a statement issued after the ruling, the Compassion Seattle campaign said that while they were “gratified that Judge Shaffer said that she would have voted for Charter Amendment 29 if given that option, we strongly disagree with her ruling today denying Seattle voters the opportunity to have their voices heard on the number one issue facing our city.” Because an appeal could not play out before the November election, the campaign continued, “We can still make our voices heard in the elections for Mayor, City Council, and City Attorney. In each race, the difference between the candidates is defined by who supports what the Charter Amendment was attempting to accomplish and who does not.”

2. Last month, Seattle Mayor Jenny Durkan and the city’s Human Services Department (HSD) announced that 33 community organizations would share the $10.4 million set aside to invest in “community safety capacity building,” one of many simultaneous efforts to support non-law enforcement approaches to public safety sparked by last summer’s protests.

One of the groups that will receive funds is King County Equity Now (KCEN), the coalition-turned-nonprofit that led the push for a city-wide participatory budgeting program—and, when the council supported their plan, took the reins of the Black Brilliance Research Project, intended to lay the foundations for public-safety-focused participatory budgeting in Seattle. KCEN’s brief tenure as a city sub-contractor ended ignominiously when the project’s head researchers left the organization because of alleged financial mismanagement, as well as alleged mistreatment of queer researchers and researchers born outside Seattle. The group lost their city subcontract, and the research project finished weeks later without KCEN.

But after several months out of the spotlight, KCEN is making its quiet return to the world of city contracting. With the new grant, KCEN says it will partner with “incredible local Black-led housing service providers, like First Place Schools [a charter school provider] and Monica’s Place,” a housing development in the Central District, to conduct another research project. KCEN initially asked for $789,391; however, HSD capped grants at $585,410 because of the volume of applications. The group will have a new fiscal sponsor—Parents for Student Success, a nonprofit cofounded by King County Equity Now board chair Dawn Mason.

This second project will include “an inventory of Black community resources, hubs, places to tap in, needs, current and potential Black partnerships, current policies successes, failures, and gaps to address anti-gentrification and spatial community toward building holistic support,” according to KCEN’s response to the city’s request for proposals. The core question that would guide KCEN’s proposed research—”what does community safety and wellness look like for you in place?”—is nearly identical to the central question of the Black Brilliance Research Project. The results of the research, they wrote in their proposal, would help them and their partners create “scalable, replicable anti-gentrification models.”

The organization asked for funds to pay existing staff, to hire more people to work on the new research project, and to pay for consultants, office space, and supplies.

Since the organization’s unwilling exit from the Black Brilliance Research Project, KCEN has focused on anti-gentrification projects; the group is an offshoot of the Africatown Community Land Trust, which focuses largely on land acquisition in the Central District.

During the Black Brilliance Research Project, measuring the success of multiple wide-ranging research teams became a key challenge for KCEN. In their latest grant application, KCEN says they will track their project’s success by assessing the number and “effectiveness” of their community meetings and workshops, the “thoroughness” of their partnerships and the “quality and reach of community-led research,” among other metrics.

In Victory for Families of People Killed by Police, State Supreme Court Allows Inquest Reforms to Proceed

A portrait of Charleena Lyles on Capitol Hill in June 2020 (Flickr: Derek Simeone; reproduced under a Creative Commons license)

By Paul Kiefer

The Washington State Supreme Court sided with the families of people killed by police officers in a unanimous decision Thursday, restoring reforms to King County’s inquest process that have stalled since 2018 under pressure from law enforcement agencies.

The ruling brings a close to a lawsuit filed against King County Executive Dow Constantine last year by the families of Damarius Butts, Isaiah Obet, Charleena Lyles and seven other people killed by law enforcement officers in the county in 2017. It also opens the door for inquests—a type of fact-finding hearing in which a jury reviews the details of a death and decides who is responsible—to resume in King County after a four-year hiatus. 

Tiffany Rogers, Charleena Lyles’s sister, told PubliCola the four-year legal battle was exhausting for her and other family members of people killed by police. “It was painful, and it was painful for a long time, but we’re doing this so that other families don’t have to,” she said.

King County first overhauled its inquest process in 2018, when, under pressure from police accountability groups, Constantine implemented a slate of changes intended to improve transparency and give victims’ families a say in what information inquest juries hear. The changes allowed attorneys representing victims’ families to take part in inquest hearings for the first time and empowered juries to determine not only what happened in a police shooting, but whether the officers involved complied with their department’s policies and training.

In the ruling, the court concluded that all of the reforms supported by the families, including the changes introduced in 2018 and the reforms the families sought in their lawsuit, can move forward. In fact, the court noted that state law not only allows, but requires, inquest juries to consider whether an officer committed a crime.

Before announcing the reforms, Constantine had placed a hold on three pending inquests into the deaths of Butts, Obet, and Lyles. But when reforms took effect and the county began preparing to start the three inquests, a problem emerged: Under the executive order, the officers’ attorneys couldn’t participate if the officers themselves refused to testify. When the officers involved in Butts’ death declined to testify, the inquest couldn’t move forward.

The families filed a lawsuit in 2020, hoping to fill the gap in Constantine’s reforms by compelling the officers to testify. The families also called for another change to inquest procedures: allowing jurors to consider whether the officers involved in a shooting broke the law. “The inquest can be a useful tool to investigate police killings of community members, but the panel must answer whether the officer committed a crime for the process to have any teeth,” said Amy Parker, an attorney with King County’s Department of Public Defense who represented Obet’s family.

Meanwhile, several law enforcement agencies—the Seattle Police Department, the King County Sheriff’s Office and municipal police departments in Auburn, Renton, Kent and Federal Way—also sued Constantine, aiming to invalidate all of the recent changes to the inquest process. According to the agencies’ attorneys, the inquest reforms already underway in King County would put police officers at a serious disadvantage when facing a jury. The lawsuits forced the county to suspend the new reforms and put a stay on any new or ongoing inquests.

When the case came before King County Superior Court Judge Julie Spector in July 2020, the law enforcement agencies prevailed; Spector ruled that Constantine’s reforms threatened officers’ rights to counsel and struck down most of the changes to the inquest process. By that point, SPD had backed out of the lawsuit under pressure from members of the city council and the public, leaving the other agencies to carry on the suit.

The state supreme court entirely reversed the course of the case on Thursday, dismissing Judge Spector’s ruling as “wrong as a matter of law.” Continue reading “In Victory for Families of People Killed by Police, State Supreme Court Allows Inquest Reforms to Proceed”

Public Safety Fizz: “Less-Lethal” Weapons Restrictions Move Forward, Heat Wave’s Impact on Prisons Examined, County Searches for New Police Oversight Head

The Monroe Correctional Complex in Snohomish County (Flickr: Brewbrooks; Reproduced with a Creative Commons License)

1. The Seattle City Council’s public safety committee voted out the latest version of legislation limiting the Seattle Police Department’s use of ‘less-lethal weapons’ on Tuesday, sending the embattled bill to the full council with a ‘do pass’ recommendation. If adopted, the bill would prohibit SPD from using five ‘less-lethal’ weapons, including blast balls, and place new restrictions on officers’ use of tear gas, pepper-ball launchers and pepper spray.

Last summer, the council passed an ordinance that would have prohibited police officers from using tear gas, pepper spray, blast balls and other ‘less-lethal’ weapons for crowd control.

After the US Department of Justice warned that the bill might lead officers to resort to more serious uses of force to control protests, Federal District Court Judge James Robart—who oversees reforms to SPD as part of an ongoing agreement between the US Department of Justice and the city of Seattle known as the consent decree—issued a temporary restraining order preventing it from taking effect. The version of the bill that passed on Tuesday reflects months of input from Seattle’s police oversight bodies, the DOJ, and the monitoring team appointed by Judge Robart to act as the eyes and ears of the consent decree.

Responding to the monitoring team’s concerns that the original bill would prevent officers from targeting small groups of people committing acts of violence at protests, the new bill outright bans less-targeted weapons such as blast balls and ultrasonic cannons while allowing officers to use more targeted weapons against individual people. The ordinance would also allow SPD to use pepper spray and tear gas to move crowds when twelve or more people in the crowd are engaging in violence—a legal standard that SPD might be able to skirt because of the difficulties of measuring the scale of violence within a crowd after the fact.

Although the committee voted to send the bill to the full council, that won’t happen immediately. Instead, Herbold opted to wait for the results of a hearing before Judge Robart on August 10 to review Seattle’s compliance with the consent decree, giving the council an opportunity for the council to hear more feedback on the bill.

2. Washington’s Office of the Corrections Ombuds (OCO), the oversight agency for the state’s Department of Corrections, issued a brief report on Tuesday describing conditions inside the Monroe Correctional Complex in Snohomish County during the record-breaking heat wave two weeks ago.

Meanwhile, the DOC is also preparing to address Washington’s falling prison population—4,000 empty beds statewide, and a more than 50 percent decline in new prisoners since last year—by closing some units.

An OCO staffer who visited the prison on June 28 found substantial differences between conditions in the four different units they visited. In the prison’s Intensive Management Unit, temperatures in hallways remained below 80 degrees; in contrast, the investigator, Matthias Gydé, found cells in the Twin Rivers Unit, which houses more than 800 people, in which some surfaces reached nearly 100 degrees.

The unit-to-unit variations in temperature were partially the result of inconsistent cooling systems across the prison system. The Intensive Management Unit is outfitted with an HVAC system, whereas the Twin Rivers Unit relies on a vent that pumps air from the building’s roof to cool its common areas and cells. Gydé also noted that the Twin Rivers Unit’s skylights and cell windows contributed to the high temperatures. The DOC relaxed rules to allow inmates to cover their windows, but the skylights in the building’s common areas remained uncovered during the heat wave. Continue reading “Public Safety Fizz: “Less-Lethal” Weapons Restrictions Move Forward, Heat Wave’s Impact on Prisons Examined, County Searches for New Police Oversight Head”

Council Reviews New Version of “Less-Lethal” Weapons Ban

Seattle Police Officers fire tear gas at demonstrators on Capitol Hill in June 2020 (via Chase Burns on Twitter)

By Paul Kiefer

Seattle City Council member Lisa Herbold introduced the latest version of legislation intended to restrict the Seattle Police Department’s use of so-called ‘less-lethal weapons’ against demonstrators during a public safety committee meeting on Tuesday, more than a year after the council first began its efforts to limit SPD’s crowd control arsenal. The proposal would restrict the use of tear gas, pepper-ball launchers and pepper spray by SPD officers responding to protests and outright ban five other ‘less-lethal’ weapons, including blast balls.

If passed, the proposed legislation would replace an ordinance the council passed in June 2020, which SPD never implemented, that would have prohibited police officers from using tear gas, pepper spray, blast balls and other ‘less-lethal’ weapons for crowd control.

Shortly after the ordinance passed, US District Court Judge James Robart—who oversees reforms to SPD as part of an ongoing agreement between the US Department of Justice and the city of Seattle known as the consent decree—issued a temporary restraining order preventing it from taking effect. The order came in response to a warning from the US Department of Justice that any law preventing officers from using ‘less-lethal’ weapons against crowds might make officers turn to more serious uses of force, including hitting protesters with batons.

In the aftermath of Judge Robart’s restraining order, city council members turned to Seattle’s police oversight bodies—the Office of Police Accountability (OPA), the Office of the Inspector General (OIG), and the Community Police Commission (CPC)—and the team appointed by the federal court to monitor the city’s compliance with federal court orders to rework the legislation.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

The updated bill that Herbold introduced on Tuesday reflects the latest round of feedback from the DOJ and court-appointed monitoring team, who began an informal review of the draft legislation in February. In their recommendations to the council, the monitoring team emphasized that SPD officers need to be able to use targeted crowd control weapons against people committing acts of violence within larger peaceful protests, and that SPD will need additional time to adjust to any new restrictions on less-lethal weapons.

In its current form, the bill would ban officers from using “disorientation devices” like blast balls or ultrasonic cannons under any circumstances, with the exception of flash-bang grenades, which would still be available to SWAT teams. It would also allow officers to use pepper spray and tear gas to move crowds of protesters, but only in response to a “violent public disturbance”—a legal term to describe violence committed by a group of twelve or more people. Continue reading “Council Reviews New Version of “Less-Lethal” Weapons Ban”

“Three-Strikes” Resentencing Continues; Campaign Debate Highlights Urbanist Shift

1. On Friday afternoon, 63-year-old Raymond Ben became the fifth person from King County to be resentenced under a new state law intended to correct decades of harsh mandatory sentences by retroactively removing second-degree robbery from the list of offenses targeted by the state’s “three-strikes” statute, which imposes a life sentence without parole for so-called “persistent offenders.”

The law requires prosecutors to request resentencing hearings by July 25 for anyone currently serving a life sentence for a “three-strikes” case involving a second-degree robbery—which, unlike other three-strikes offenses like rape and manslaughter, typically doesn’t involve a weapon or injury to another person. The law made at least 114 people across Washington eligible for resentencing, including 29 people from King County—many of whom, like Ben, have spent a decade or more in prison.

In 2001, a King County judge sentenced Ben to life in prison after he stole a computer from a secure building at the University of Washington and punched three bystanders who tried to stop him; because of previous convictions for burglary and second-degree robbery, Ben fell into Washington’s “persistent offender” category.

Ben is one of a dozen inmates for whom the unit requested resentencing hearings before the July deadline. Two of those hearings—for 50-year-old Michael Peters and 59-year-old Rene Haydel—also took place on Friday.

Of the dozen inmates scheduled for resentencing before July 25, three—including Ben, who has cancer—received priority because of health concerns. Rickey Mahaney, the first person resentenced in King County under the new law, left the Coyote Ridge Correctional Facility in Franklin County on June 1 to move to hospice care.

Once the Washington Department of Corrections approves Ben’s re-entry plan, he has arranged to join his sister’s family after his release. But not everyone resentenced under the new law can turn to family members for support, which has forced the prosecutor’s office to rely on nonprofit organizations—the Seattle Clemency Project, among others—to organize housing, employment and other elements of re-entry plans for several inmates who would otherwise have no support system after their release.

Carla Lee, who leads the sentence review unit within the King County Prosecutor’s Office, told PubliCola that many other prosecutors’ offices in Washington won’t be able to provide backup options to those they resentence. “If someone in another county doesn’t have family to help them get back on their feet after their release,” she said, “there’s no guarantee that they’ll have another option.”

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If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

2. PubliCola’s Erica C. Barnett moderated a mayoral forum sponsored by the MASS Coalition, Cascade Bicycle Club, Transportation Choices Coalition, and several other environmental groups last Wednesday.

The conversation, which featured five of the leading mayoral candidates (Colleen Echohawk and Casey Sixkiller were absent), highlighted substantive differences on issues that have flown under the radar during most debates this year, such as transit funding, the future of the Move Seattle levy, and the city’s contribution to climate change.

Some observations from the debate:

• Former council member Bruce Harrell, who’s leading (after “undecided”) in recent polls, has really embraced the idea that private donations will help solve the city’s biggest problems, including not just homelessness but transportation infrastructure.

In response to a question about the Move Seattle levy, which has failed to produce promised investments in sidewalks, bike infrastructure, and road and bridge maintenance, Harrell he would lean on large employers’ obligation “to give back to the community, to help us with the infrastructure. … So you’ll see not only a taxing mechanism, but you’ll see philanthropic efforts on my part.”

• Nearly every candidate supported the concept of making transit free—a huge endeavor that would have significant revenue impacts on both Sound Transit and King County Metro—although supporters varied in their responses to how they would like to see free transit happen. Continue reading ““Three-Strikes” Resentencing Continues; Campaign Debate Highlights Urbanist Shift”

Eviction Moratorium Set to Expire at End of Month, Putting Tenants Statewide at Risk

By Leo Brine

As the state begins to lift its pandemic restrictions, housing advocates worry that one restriction is ending prematurely.

Washington’s eviction moratorium, which Governor Jay Inslee established at the start of the pandemic, is set to expire on June 30. The bill established a right to counsel for tenants facing eviction—the first law in the nation to do so—but included a Republican amendment establishing the expiration date.

Now, as counties begin begin distributing rent assistance, advocates worry about a vicious cycle in which tenants get evicted because their assistance didn’t arrive on time, and can’t hire attorneys to defend them because legal assistance programs aren’t up and running yet. Advocates are asking Inslee to extend the moratorium so the state can hire and train lawyers, set up mediation programs and properly distribute rent assistance to tenants and landlords.

If the moratorium is lifted, it will disproportionately impact people of color and people with disabilities. Census data shows that 34 percent of Latino/Hispanic households and 16 percent of Black households are behind on rent in Washington.

To prevent hundreds of thousands of people from losing their homes after the moratorium ends, the legislature passed a trio of eviction prevention bills this session. One established a list of 16 “just cause” reasons landlords can give in order to evict a tenant (HB 1236); another will fund state rental assistance programs (HB 1277); and one allows landlords to apply for rental assistance funds and provides a right to counsel for indigent tenants facing eviction, similar to public defenders in criminal cases (SB 5160).

When the House voted on the last bill, they also included an amendment by Rep. Michelle Caldier (R-26, Port Orchard) stipulating that the eviction moratorium is up at the end  of this month. When Inslee signed the bill, he left in Caldier’s amendment, signaling he agreed with setting a hard deadline.

The Washington Low Income Housing Alliance is now lobbying Inslee to extend the moratorium so the state can get all its eviction protection programs in place. “All we need is time,” Michele Thomas,W LIHA’s Advocacy and Policy Director, said. The protections the state put in place this year are great, she added, but “if the governor does not extend the moratorium, a lot of the work will be for not.”

Thomas said Inslee should end the moratorium on a county-by-county basis, depending on how prepared each county is to handle eviction cases, similar to how the state has lifted COVID restrictions.

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If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Democrats have also called on the governor to extend the moratorium. On Wednesday, June 17, Rep. Jamila Taylor (D-30, Federal Way), the chair of the House Democrats’ Black Caucus, sent a letter to the governor asking him to extend the moratorium.

Taylor also wants to see the moratorium lifted in counties who are adequately prepared to dispense rent assistance and provide legal representation to tenants, “so that no families are homeless,” she said in a statement. “We’re at the two-yard line. Now is not the time for us to leave families without this crucial safety net.”

If the moratorium is lifted, it will disproportionately impact people of color and people with disabilities. Census data shows that 34 percent of Latino/Hispanic households and 16 percent of Black households are behind on rent in Washington. Taylor said that by allowing the moratorium to expire, Washington would be taking a major step back in improving equity—something the Democratic legislature touted as a priority for the 2021 session.

King County Housing Justice Project Manager Edmund Witter told PubliCola that despite Caldier’s amendment, Gov. Inslee could extend the moratorium. (King County’s Housing Justice Project, which provide legal counsel to tenants, is one of several such groups across the state.) All the amendment did was say the current iteration of the moratorium must end on June 30; it did not limit the governor’s to extend the moratorium in response to the pandemic emergency, Witter said.

However, the governor’s emergency powers run out on June 30, when the official state of emergency ends, creating a hard deadline for Inslee to make a decision. Inslee spokeswoman Tara Lee said the governor’s office has not decided yet whether to extend the moratorium.

If the moratorium does end on June 30, Witter is concerned that Washington’s courts will be overwhelmed with eviction cases. “There’s just no plan,” for how courts will deal with cases, Witter said.

“If a tenant doesn’t know whether or not they’re going to get rental assistance, how are they going to know what terms are reasonable to a repayment plan that they’re going to sign onto?How would they know whether or not what they’re signing onto is something they can afford?”—Michele Thomas, Washington Low-Income Housing Alliance

Ideally, eviction cases could be resolved without getting courts involved at all. SB 5160 establishes Eviction Resolution Programs (ERPs) in six counties (Clark, King, Pierce, Thurston, Snohomish and Spokane), using dispute resolution centers to settle landlord-tenant disputes. These programs work by having landlords, tenants, and their lawyers meet with an eviction resolution specialist to reach an agreement to prevent eviction, such as a more forgiving rent repayment plan.

Rep. Nicole Macri (D-43, Seattle) worked on the eviction protection bills during the session. She said many of the tenant protections the legislature passed this year included emergency clauses that put them into effect immediately, including mandatory repayment plans and the just cause eviction bill. (The latter still allows landlords to evict tenants for failing to pay their rent, but requires them to offer tenants a repayment plan 14 days before serving them an eviction notice.)

However, she’s still worried that when the moratorium ends, there won’t be enough attorneys ready to represent tenants in eviction cases and courts won’t have the tools to settle disputes without going to trial.

“We need to make sure that we set up the mediation support for landlords and tenants [and that] we hire those attorneys. A lot of that is not authorized until the state budget goes into effect July 1,” Macri said. Continue reading “Eviction Moratorium Set to Expire at End of Month, Putting Tenants Statewide at Risk”

State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim

1. Washington State Attorney General Bob Ferguson filed a motion Tuesday seeking to have a Douglas County judge throw out two lawsuits against the capital gains tax. Ferguson argues in his motion that the plaintiffs filed the suits for political reasons and don’t have grounds to sue because they don’t know yet if they’d be subject to the tax.

The capital gains tax bill (SB 5096) imposes a 7 percent tax on profits of $250,000 or more from the sale of intangible financial assets, such as stocks and bonds. The bill would go into effect in 2022, but the state would not collect taxes until January 2023. Roughly 7,000 Washington taxpayers would be subject to the tax, which would generate $415 million for the state in its first year.

Three days after the legislature passed the bill, the Freedom Foundation, a conservative think tank, challenged the law in court. Less than a month later, former attorney general Rob McKenna, along with the Washington Farm Bureau, filed a second lawsuit against the bill. Both suits were filed in conservative Douglas County.

The lawsuits say taxing capital gains is unconstitutional because capital gains are property, and all property must be taxed at a uniform rate in Washington because of a 1933 state Supreme Court decision.

However, Democrats have argued that the capital gains tax is an excise (sales) tax, not a property tax, because it is triggered by the sale of financial assets.

Ferguson argued that the plaintiffs have asked the court to settle a political dispute, rather than a legal one, noting that they “are suffering no legal harm from the tax they challenge and ask this Court to issue a purely advisory political opinion.” He also argued that the lawsuits are preemptive and speculative, since the plaintiffs don’t know whether they’ll even have to pay the tax when it goes into effect in 2023.

The state Supreme Court is also hearing arguments for a lawsuit against the state’s 2019 bank business and occupation tax (HB 2167), which was also filed by McKenna. Washington State Solicitor General Noah Purcell argued at the court on May 25 that state law prohibits lawsuits against taxes until they have gone into effect. If the court sides with Purcell, the lawsuits against the capital gains tax might have to wait until state residents actually pay the tax, which wouldn’t be until 2023 at the earliest.

State Sen. Jamie Pedersen (D-43, Seattle) said that if the court dismisses the lawsuits, it will only delay the inevitable: having the state Supreme Court reviewing the law. Democrats want the court to review the tax because they believe the court would overturn the previous ruling declaring income a form of property, which would blow the doors open for an income tax.

The next hearing for the cases is set for July 13 at 10am, with Douglas County Superior Court Judge Brian Huber presiding.

2. The future of the Seattle Police Department is front-and-center in the upcoming elections, but some members of Seattle’s Community Police Commission (CPC)—the branch of the city’s police oversight system tasked with gathering community input on police reforms—are wary of wading into electoral politics.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said.

During the CPC meeting Wednesday, CPC communications director Jesse Franz described plans that are already underway for a general election forum that the CPC plans to co-host alongside a community organization involved in criminal justice reform, such as Choose 180 or Community Passageways.

But some prominent members of the commission pushed back on the plan. Suzette Dickerson, who will represent the CPC during contract negotiations with the Seattle Police Officers Guild next year, argued that hosting a candidate forum was outside the scope of the CPC’s responsibilities. From her perspective, the commission’s role is to be a sounding board for Seattle residents’ opinions on reforms to SPD; “stepping into the political arena,” she argued, would undermine public trust in the commission.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said, adding that she isn’t confident that the CPC would allow community groups opposed to downsizing SPD to have a voice in the forum. “I think that we’re headed down a path to help social engineer the defunding the police department,” she said.

The commission’s current leaders, however, supported the idea. “To me, holding a candidate forum seems within the scope of ensuring that the community is informed about what accountability may or may not look like, in particular candidates minds,” said CPC co-chair LaRond Baker.

Though the CPC can’t endorse candidates, the commission is not a neutral player in the police oversight sphere: It recommends reforms to SPD and Seattle’s police oversight system. Recent CPC recommendations have included a ban on tear gas and removing limits on the number of civilian investigators in the Office of Police Accountability. The success of those recommendations depends on the support of the mayor, the council, and the police chief, which gives the CPC a clear stake in the outcome of the election.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.”

3. In a fundraising email Tuesday, the Compassion Seattle campaign, which is gathering signatures to get its charter amendment on homelessness on the November ballot, claimed that several of its paid signature gatherers have been attacked by people who oppose the initiative.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.” Continue reading “State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim”

Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences

Russell Harvey attends his resentencing hearing via Zoom on June 3, 2021.

By Paul Kiefer

At the end of an emotional hearing on Wednesday, Russell Harvey still looked nervous. The 60-year-old sat facing a webcam in an office at the Monroe Correctional Complex in Snohomish County—his beige uniform matching the empty wall behind him—as King County Superior Court Judge David Steiner signed the paperwork releasing Harvey after more than two decades in prison.

Just before Judge Steiner ended the hearing, Harvey leaned closer to the computer in front of him. “Thank you, Judge. I’m sure it was a tough decision.”

“It wasn’t,” Steiner replied.

Harvey is the second inmate in King County to be resentenced under a new Washington law that retroactively removes second-degree robbery from the list of offenses targeted by the state’s “three-strikes” statute, which imposes a life sentence without parole for so-called “persistent offenders.” In 1993, Washington became the first state in the country to adopt a three-strikes policy; at the time, the measure received broad bipartisan support.

But some Washington lawmakers are now trying to correct the long-term consequences of the “tough on crime” era, including by reconsidering the state’s harsh sentencing guidelines for nonviolent crimes. The bill that led to Harvey’s release, sponsored by Sen. Jeannie Darnielle (D-27, Tacoma), is only one element of the broader push to address excessive sentences, but for both incarcerated people and the King County Prosecutor’s Office, the new law is the culmination of more than a decade of advocacy.

“For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released. And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way.”—Carla Lee, King County Prosecutor’s Office

Twenty-four years ago, a King County Superior Court judge sentenced Harvey to life in prison after his third arrest for second-degree robbery, which—unlike other three-strikes offenses like rape and manslaughter—generally doesn’t involve a weapon or injury to another person. In the early years of his sentence, Harvey told the court, he repeatedly clashed with prison administrators and spent time in an “intensive management unit”—in other words, solitary confinement.

One of his trips to “the hole” brought him to breaking point, Harvey said. “I called my mom and I asked her what I should do,” he told the court in his opening remarks. “The disappointment in my mom’s voice—there’s no mistaking it. … She basically just hung up on me, right after she asked, ‘when are you going to learn?’ I didn’t want to be affecting people like that. That was when I hit rock bottom.” Harvey’s mental health suffered; according to his attorney, Susan Hacker, Harvey struggled through a series of “trials and errors” by prison medical staff who tried to prescribe him medication after diagnosing him with depression.

But in 2009, Harvey’s case caught the attention of the King County Prosecutor’s Office, which was assembling a list of inmates serving life sentences for three-strikes offenses involving at least one second-degree robbery with the goal of bringing their cases before Washington’s clemency board. That list grew to 45 names. Nearly two dozen received clemency, but Harvey was not among them.

Then, in 2020, the state legislature passed a law giving prosecutors the discretion to request resentencing for people whose original sentences no longer serve the “interest of justice.” In response, the King County Prosecutor’s Office created a sentence review unit and added Harvey’s name to a list of inmates eligible for re-sentencing. Largely because of COVID-19-related court delays, that resentencing effort also stalled, but Harvey received a third chance at release when the state legislature passed the new law that specifically affects inmates facing life in prison for three second-degree robberies.

Carla Lee, who leads the sentence review unit, told PubliCola that the newest resentencing law follows a model developed in King County since the prosecutor’s office first identified Harvey as a candidate for a reduced sentence. “For a long time, you had to be able to prove that there were ‘exceptional’ circumstances to get someone released,” she said. “And our office was arguing that life sentences for second-degree robbery were ‘exceptional’ in and of themselves—in a bad way. Our model has now been legislated, so other prosecutors now have to follow it.” Continue reading “Resentencing Hearings Begin to Address Some “Three Strikes” Life Sentences”

Domestic Violence Survivors Face Challenges Using Law to Prevent Abuse of Legal System

King County Courthouse (Flickr: Evan Didier)

By Paul Kiefer

When a Washington state law intended to prevent abusive partners from using courts to harass or manipulate domestic violence survivors went into effect in early January, Isabelle Latour was one of the first people to try to put the new law to work. In doing so, she illustrated how difficult it may be for the law to efficiently protect survivors from a tactic known as “abusive litigation.”

Over four years, multiple King County judges ruled on dozens of occasions that Latour’s ex-husband, a Seattle attorney, had used frivolous lawsuits, unfounded complaints about Latour and her attorney, a questionable bankruptcy claim and dozens of other motions filed across multiple courts to drag out their divorce and maintain a form of control over Latour. The endless stream of litigation forced Latour to spend countless hours and thousands of dollars battling her ex’s efforts to re-litigate their divorce.

“After surviving a lot of abuse, I got pulled onto Zoom call after Zoom call—it became like a second job,” she said. “It was a heavy cloud hanging over me. I wanted to move on with my life, but I had to keep revisiting my trauma.”

When state Sen. Christine Rolfes (D-23, Bainbridge Island) began drafting legislation targeting abusive litigation for the state legislature’s 2019-2020 session, Latour and other survivors provided input. A version of the legislation that passed in 2020 empowered judges to limit an abuser’s ability to file or continue litigation against their victim; it also required the abuser to pay the court and attorneys’ fees. A court can only impose those restrictions on someone who a court has previously found to have committed domestic violence, and the restrictions expire after four to six years.

But the law’s impact depends on survivors, who need to petition a judge to consider whether to impose restrictions on their abuser’s rights to file litigation.

Because of the fragmented nature of Washington’s superior court system, it’s difficult to know how many survivors have tried to use the law so far. Of the half-dozen attorneys who spoke with PubliCola, only Latour’s attorney—Karma Zaike—has represented a client who successfully petitioned a court to stop their abuser from filing new litigation.

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By the time the law went into effect on January 1, 2021, Latour believed that her motion to stop her ex-husband’s litigation would be an open-and-shut case. Zaike was so confident that a judge would approve Latour’s request that she tried to schedule a hearing on January 4.

Instead, Latour struggled to find a judge to hear her case; then, once she landed before King County Superior Court Judge Johana Bender, she endured four more hearings over Zoom. According to Latour and Zaike, the new hearings gave Latour’s ex additional opportunities to denounce his ex-wife and her attorney with allegations of dishonesty, and to argue that his lengthy history as a litigant was justified.

Latour’s ex-husband did not respond when PubliCola attempted to contact him.

Because restricting someone’s right to file litigation is a serious imposition by a court, judges like Bender often allow an accused abuser to argue their case at length before deciding whether to issue an anti-abusive litigation order. “A lot of abusers are very persistent—they won’t give up easily,” said Antoinette Bonsignore, an attorney who volunteers with Seattle-based women’s rights group Legal Voice who has advocated for protections against abusive litigation.

Continue reading “Domestic Violence Survivors Face Challenges Using Law to Prevent Abuse of Legal System”